By Robert Griswold
Question: I live in a rental unit managed by a large realty company. The flat is in a very desirable location and I have lived there for 15 years. I have been an excellent tenant - always pay rent on time, no problems, etc. I am pregnant and was wondering if I can be evicted for having the baby with me in the apartment if it's a one-tenant lease. Is there any protection for single parents in this circumstance?Tenant's attorney Kellman replies:
You are protected by federal and state fair-housing laws. It is illegal to discriminate based on familial status. These fair-housing laws are meant to specifically protect families with a child or children. When you are blessed with the new baby, you will be a family with a child, and absolutely should be protected. These laws are designed to prevent landlords from evicting, threatening to evict, refusing to rent, or make it uncomfortable for families with children so they will choose to live elsewhere.
One method of trying to keep children out of a complex is to restrict the unit to one person. Even though you are renting with a "one-tenant lease," you may have more occupants living there beside yourself when they are your children. The guidelines generally accepted for valid occupancy limitations are a minimum of two persons per bedroom plus one. Therefore, in a one-bedroom apartment, for example, there can be three persons living there. If your landlord tries to evict you solely based on having a baby, go directly to your local fair-housing office or, if an eviction action is filed, seek legal assistance right away. Not only could your landlord lose the eviction case, but you may be entitled to monetary damages for such actions.
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